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20035 Staff Report for the Notice Envelopes Text Amendment, Ordinance
2048
Public Hearings: Zoning Commission public hearing July 14, 2020, 6 p.m.
City Commission public hearing August 3, 2020 at 6 pm.
Project Description: Revise submittal requirements and processes for applications to send
out public notice envelopes.
Project Location: Applicable city-wide
Recommendation: Meets standards for adoption of Ordinance 2048.
Recommended Zoning Commission motion: Having reviewed and considered the staff
report, application materials, public comment, and all information presented, I
hereby adopt the findings presented in the staff report for application 20035,
Ordinance 2048 and move to recommend approval of Ordinance 2048.
Recommended City Commission Motion: Having reviewed and considered the staff
report, application materials, Zoning Commission recommendation, public comment,
and all information presented, I hereby adopt the findings presented in the staff
report for application 20035, Ordinance 2048 and move to provisionally adopt
Ordinance 2048.
Report: July 7, 2020
Staff Contact: Chris Saunders, Community Development Manager
Agenda Item Type: Action - Legislative
EXECUTIVE SUMMARY
This report is based on the application materials submitted and public comment received to
date.
Unresolved Issues
None
Project Summary
This text amendment revises the process for mailing of public notices regarding
development. Presently, the code requires the City to mail the notice. The amendment will
place that responsibility on the applicant. The City administratively made this change as a
response to operational limits required by the COVID pandemic. It has worked well and
Staff Report for the Notice Envelopes Text Amendment Ordinance 2048 Page 2 of 6
saves a lot of time and tracking of materials by Staff. There are no changes to the content or
recipient of notices from this amendment, only who mails the envelopes.
In association with the amendment to mailing duties are changes to required materials to be
submitted for certain application types.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
SECTION 1 - MAP SERIES .................................................................................................... 2
SECTION 2 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 2
Text Amendment ................................................................................................................ 2
SECTION 3 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS ....................... 3
PROTEST NOTICE FOR ZONING AMENDMENTS ........................................................... 5
APPENDIX A - NOTICING AND PUBLIC COMMENT ..................................................... 6
APPENDIX B – APPLICANT INFORMATION AND REVIEWING STAFF ...................... 6
FISCAL EFFECTS ................................................................................................................... 6
ATTACHMENTS ..................................................................................................................... 6
SECTION 1 - MAP SERIES
No map is provided. The proposed amendments apply throughout the entire City.
SECTION 2 - RECOMMENDATION AND FUTURE ACTIONS
Text Amendment
Having considered the criteria established for a text amendment, the Staff recommends
approval as submitted.
The Zoning Commission will hold a public hearing on this ZMA on July 14, 2020 beginning
at 6 pm and will forward a recommendation to the Commission on the Text amendment.
The City Commission will hold a public hearing on the text amendment on August 3, 2020.
The meeting will begin at 6 p.m.
Staff Report for the Notice Envelopes Text Amendment Ordinance 2048 Page 3 of 6
SECTION 3 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS
In considering applications for approval under this title, the Zoning Commission and City
Commission must consider the following criteria (letters A-K). As an amendment is a
legislative action, the City Commission has broad latitude to determine a policy direction.
The burden of proof that the application should be approved lies with the applicant.
A text amendment must be in accordance with the growth policy (criteria A) and be designed
to secure safety from fire and other dangers (criteria B), promote public health, public safety,
and general welfare (criteria C), and facilitate the provision of transportation, water,
sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a
text amendment the Commission must find Criteria A-D are met.
In addition, the Commission must also consider criteria E-K, and may find the text
amendment to be positive, neutral, or negative with regards to these criteria. To approve the
text amendment, the Commission must find the positive outcomes of the amendment
outweigh negative outcomes for criteria E-K. In determining whether the criteria are met,
Staff considers the entire body of regulations for land development. Standards which prevent
or mitigated negative impacts are incorporated throughout the entire municipal code but are
principally in Chapter 38, Unified Development Code.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Yes. The proposed amendment addresses a specific public notice practice rather than a
policy statement. There is not much discussion in the growth policy at the level of detail of
this amendment. There are two implementation policies which are relevant.
4) Ensure that development procedures and requirements are predictable, clear, timely,
and effective while ensuring adequate review of community and environmental impacts.
5) Provide opportunities for meaningful public outreach and involvement in the
preparation of all Bozeman Community.
a. Continue to develop means of information exchange with the public.
Notices mailed directly to the public provide a connection to property owners who may not
be residing or otherwise close to the site. With or without this amendment there will be the
same notice type and frequency provided to the public. There are no changes to the content
of required notices as a result of this amendment.
Having the applicant directly mail the notice ensures that envelopes are not misplaced during
the review process, puts greater accountability on the applicant to ensure information is
provided to the public, and supports the City’s efforts to enable greater electronic plan
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review. Electronic plan review supports City’s goals of sustainability and transparency
established in various City documents.
No conflicts have been identified between the proposed amendment and the growth policy.
B. Secure safety from fire and other dangers.
Yes. The proposed amendment does not alter or remove any adopted standard implementing
this criterion. All adopted implementing standards remain in effect.
C. Promote public health, public safety, and general welfare.
Yes. The proposed amendment does not alter or remove any adopted standard implementing
this criterion. All adopted implementing standards remain in effect.
D. Facilitate the provision of transportation, water, sewerage, schools, parks
and other public requirements.
Yes. This application does not modify any standard related to provision of these public
services. All standards necessary to provide these items remain in force.
E. Reasonable provision of adequate light and air.
Neutral. The proposed amendment is not applicable to this criteria as it does not affect
setbacks, park dedication, or other standards that would affect provision of adequate light and
air.
F. The effect on motorized and non-motorized transportation systems.
Neutral. The amendment only affects responsibilities for mailing public notice. There is not
an impact on any transportation related standard. Therefore, the amendment is expected to
have no impact on the transportation system.
G. Promotion of compatible urban growth.
Neutral. The proposed amendment is a minor adjustment to notice procedures. The
amendment makes no impact to the zoning map or standards for height, use, or other
development of land. Therefore, the amendment is expected to have no impact on this
criterion.
H. Character of the district.
Neutral. The proposed amendment is only to a noticing procedure. It does not revise any
physical standard that shapes district character or uses. Therefore, the amendment is expected
to have no or minimal impact on this criterion.
I. Peculiar suitability for particular uses.
Neutral. This criterion is particularly applicable to zone map amendments which alter the
uses allowed in a defined geographic area. The amendment does not modify the allowed
uses, create or remove zoning districts, or alter any standard which limits or authorizes uses.
Staff Report for the Notice Envelopes Text Amendment Ordinance 2048 Page 5 of 6
The amendment is broadly applicable to all applications required to mail a public notice. It
does not alter allowed uses in any district. Therefore, there is no expected impact on this
criterion.
J. Conserving the value of buildings.
Yes. No existing building will become non-conforming as a result of this amendment. The
amendment is minor in scope and no material negative impacts are foreseen. Therefore, the
value of buildings is conserved.
K. Encourage the most appropriate use of land throughout the jurisdictional
area.
Neutral. This criterion is particularly applicable to zone map amendments which alter the
uses allowed in a defined geographic area. The amendment does not modify the allowed
uses, create or remove zoning districts, or alter any standard which limits or authorizes uses.
The amendment is broadly applicable to all applications required to mail a public notice. It
does not alter allowed uses in any district. Therefore, there is no expected impact on this
criterion.
PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A
PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT
BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION. The City will accept written protests from property owners against the proposal
described in this report until the close of the public hearing before the City
Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s)
of real property within the area affected by the proposal or by owner(s) of real property that
lie within 150 feet of an area affected by the proposal. The protest must be in writing and
must be signed by all owners of the real property. In addition, a sufficient protest must: (i)
contain a description of the action protested sufficient to identify the action against which the
protest is lodged; and (ii) contain a statement of the protestor's qualifications (including
listing all owners of the property and the physical address), to protest the action against
which the protest is lodged, including ownership of property affected by the action. Signers
are encouraged to print their names after their signatures. A person may in writing withdraw
a previously filed protest at any time prior to final action by the City Commission. Protests
must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230,
Bozeman, MT 59771-1230.
Staff Report for the Notice Envelopes Text Amendment Ordinance 2048 Page 6 of 6
APPENDIX A - NOTICING AND PUBLIC COMMENT
Notice for a text amendment is provided by publication in the Bozeman Daily Chronicle.
Notice was published for this application on 6/28/2020, 7/12/2020, and 7/26/2020.
Publication dates are at least 15 and not more than 45 days prior to the Zoning Commission
or City Commission public hearings.
No public comments have been received to date. Any received public comments will be
provided to the review bodies.
APPENDIX B – APPLICANT INFORMATION AND REVIEWING STAFF
Applicant: City of Bozeman, PO Box 1230, Bozeman MT 59771
Representative: Department of Community Development, City of Bozeman, PO Box 1230,
Bozeman MT 59771
Report By: Chris Saunders, Community Development Manager
FISCAL EFFECTS
No unusual fiscal effects have been identified.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Application form
Ordinance 2048